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  4. S.I. No. 4/1953 - Social Welfare (Disability Benefit, Marriage Benefit and Maternity Benefit) (Voluntary Contributors) (Transitional) Regulations, 1953.

S.I. No. 4/1953 - Social Welfare (Disability Benefit, Marriage Benefit and Maternity Benefit) (Voluntary Contributors) (Transitional) Regulations, 1953.

S.I. No. 4 of 1953.

SOCIAL WELFARE (DISABILITY BENEFIT, MARRIAGE BENEFIT AND MATERNITY BENEFIT) (VOLUNTARY CONTRIBUTORS) (TRANSITIONAL) REGULATIONS, 1953.

The Minister for Social Welfare in exercise of the powers conferred on him by the Social Welfare Act, 1952 (No. 11 of 1952) and in particular by Sections 3 and 66 of the said Act and with the sanction of the Minister for Finance hereby makes the following regulations :—

1. These regulations may be cited as the Social Welfare (Disability Benefit, Marriage Benefit and Maternity Benefit) (Voluntary Contributors) (Transitional) Regulations, 1953.

2. These regulations shall come into operation on the 5th day of January, 1953.

3. In these regulations unless the context otherwise requires :—

" the Act" means the Social Welfare Act, 1952 ;

" the Minister" means the Minister for Social Welfare ;

" the National Health Insurance Acts" means the National Health Insurance Acts, 1911 to 1952 ;

" the appointed day" means the 5th day of January, 1953 ;

" existing voluntary contributor" means a person whose insurance as a voluntary contributor under the National Health Insurance Acts was effective immediately before the appointed day.

4. The Act shall, in relation to existing voluntary contributors, have effect subject to the modifications contained in these regulations.

5. Articles 4, 5, 6, 10, 11, 12, 13, 14 and 17 of the Social Welfare (Disability Benefit, Marriage Benefit, Maternity Benefit and Miscellaneous Provisions) (Transitional) Regulations, 1953, ( S.I. No. 6 of 1953 ) shall apply to existing voluntary contributors in like manner as they apply to existing contributors as defined in the said Regulations.

6. An existing voluntary contributor as respects whom not less than thirteen contributions under the National Health Insurance Acts have been paid or excused for the period from the 7th day of July, 1952, to the 4th day of January, 1953, shall be credited with an employment contribution under the Act for every contribution week in the period from the 5th day of January, 1953, to the 5th day of July, 1953.

7. In determining whether the contribution conditions for disability benefit contained in sub-paragraph (b) of paragraph 1 of the Fourth Schedule to the Act, in sub-paragraph (b) of paragraph 2 of the said Schedule for marriage benefit, and in sub-paragraphs (a) (ii) and (b) (ii) of paragraph 3 of the said Schedule for maternity benefit have been satisfied in respect of an existing voluntary contributor, contributions paid or excused under the National Health Insurance Acts shall be treated as employment contributions paid or credited under the Act.

8. (1) In the application to a claim by, or in respect of the insurance of, an existing voluntary contributor for disability benefit of the condition contained in sub-paragraph (b) of paragraph 1 of the Fourth Schedule to the Act, the contribution year referred to in that sub-paragraph shall be—

(a) where the day for which the claim is made occurs during the period beginning on the 5th day of January, 1953 and ending on the 3rd day of January, 1954, the contribution year under the National Health Insurance Acts ended on the 6th day of July, 1952 ;

(b) where the day for which the claim is made occurs during the period beginning on the 4th day of January, 1954 and ending on the 2nd day of January, 1955, the period beginning on the 7th day of July, 1952 and ending on the 5th day of July, 1953.

(2) In the application to a claim by, or in respect of the insurance of, an existing voluntary contributor for marriage benefit of the condition contained in sub-paragraph (b) of paragraph 2 of the Fourth Schedule to the Act, the contribution year referred to in that sub-paragraph shall be—

(a) where the date of the marriage occurs during the period beginning on the 5th day of January, 1953 and ending on the 5th day of July, 1953, the contribution year under the National Health Insurance Acts ended on the 6th day of July, 1952 ;

(b) where the date of the marriage occurs during the period beginning on the 6th day of July, 1953 and ending on the 2nd day of January, 1955, the period beginning on the 7th day of July, 1952 and ending on the 5th day of July, 1953.

(3) In the application to a claim by, or in respect of the insurance of, an existing voluntary contributor for maternity grant of the condition, contained in sub-paragraph (a) (ii) of paragraph 3 of the Fourth Schedule to the Act, the contribution year referred to in that sub-paragraph shall be—

(a) where the relevant time occurs during the period beginning on the 5th day of January, 1953 and ending on the 5th day of July, 1953, the contribution year under the National Health Insurance Acts ended on the 6th day of July, 1952 ;

(b) where the relevant time occurs during the period beginning on the 6th day of July, 1953 and ending on the 3rd day of January, 1954, the contribution year under the National Health Insurance Acts ended on the 6th day of July, 1952, or the period beginning on the 7th day of July, 1952, and ending on the 5th day of July, 1953 ;

(c) where the relevant time occurs during the period beginning on the 4th day of January, 1954 and ending on the 2nd day of January, 1955, the period beginning on the 7th day of July, 1952 and ending on the 5th day of July, 1953.

(4) In the application to a claim by, or in respect of the insurance of, an existing voluntary contributor for maternity allowance of the condition contained in sub-paragraph (b) (ii) of paragraph 3 of the Fourth Schedule to the Act, the contribution year referred to in that sub-paragraph shall be—

(a) where the relevant time occurs during the period beginning on the 5th day of January, 1953 and ending on the 5th day of July, 1953, the contribution year under the National Health Insurance Acts ended on the 6th day of July, 1952 ;

(b) where the relevant time occurs during the period beginning on the 6th day of July, 1953, and ending on the 2nd day of January, 1955, the period beginning on the 7th day of July, 1952 and ending on the 5th day of July, 1953.

9. Where a claim for disability benefit, marriage benefit or maternity benefit is made by, or in respect of the insurance of, an existing voluntary contributor and the day for which the claim is made, the date of the marriage or the relevant time, as the case may be, occurs on or after the 3rd day of January, 1955, such claim shall, for the purposes of determining the appropriate contribution and benefit years applicable to it, be treated as if it were a claim by an employed contributor.

10. (1) Articles 6 to 9 inclusive of these regulations shall, subject to sub-article (2) of this article, cease to apply—

(a) in relation to a claim for disability benefit where the day in respect of which the claim is made occurs on or after the 5th day of July, 1954 ;

(b) in relation to a claim for marriage benefit where the date of the marriage occurs on or after the 5th day of July, 1954 ;

(c) in relation to a claim for maternity grant where the relevant time occurs on or after the 5th day of July, 1954 ;

(d) in relation to a claim for maternity allowance where the relevant time occurs on or after the 5th day of July, 1954.

(2) The date on which articles 6 to 9 of these regulations shall cease to apply shall be extended by a day in respect of each day on and from the appointed day on which an existing voluntary contributor has been entitled to disability benefit or maternity allowance.

(3) In calculating any extension under sub-article (2) of this article, Sunday shall not be reckoned as a day.

11. Where an existing voluntary contributor becomes insured under the Act on the appointed day as an employed contributor, he shall be deemed to be an existing contributor as defined in the Social Welfare (Disability Benefit, Marriage Benefit, Maternity Benefit and Miscellaneous Provisions) (Transitional) Regulations, 1953, for all purposes of such regulations and the provisions of these regulations shall not apply to him.

GIVEN under the Official Seal of the Minister for Social Welfare this 2nd day of January, One Thousand Nine Hundred and Fifty-three.

SÉAMAS Ó RIAIN,

Minister for Social Welfare.